No. 23-1256

Donna Davis Javitz v. Luzerne County, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2024-05-30
Status: Denied
Type: Paid
Tags: civil-rights confrontation confrontation-rights due-process effective-assistance-of-counsel first-amendment-retaliation free-speech judicial-misconduct mistrial trial-fairness
Key Terms:
DueProcess FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the Petitioner was denied the constitutional right to a fair trial in a First Amendment retaliation case

Question Presented (OCR Extract)

Questions Presented 1.Whether the Petitioner was denied the constitutional right to a fair trial in a First Amendment retaliation case when the judge: (1) struck Petitioner’s testimony on pretext and told the jury to disregard it denying Petitioner her Seventh Amendment right, (2) denied Petitioner the right of confrontation and allowed remote testimony of Respondent’s witness without holding a Rule 43 (a) hearing, (8) withheld assistive hearing devices from Petitioner's counsel until day 3 ¥ of trial thus denying Petitioner effective assistance of counsel who the Court knew had a significant hearing impairment which was clearly impacting his ability to represent Petitioner, (4) failed to declare a mistrial sua sponte after an enraged Court said “I have not had a lawyer be as contumacious as you have been, in the ten years I’ve been on the bench. And but for your age and your condition, I would hold you in contempt right now and you would spend time in prison” after Petitioner’s attorney thrice violated an order of the Court precluding evidence of due process, thus elevating counsel above the Petitioner’s constitutional right to a fair trial? 2.Whether the Petitioner was denied due process when the Court denied her Motion te Vacate Judgment without holding a hearing and allowing Petitioner to introduce testimony that opposing counsel introduced fraudulent testimony such that the court would have vacated the jury verdict and granted a new trial? i eee

Docket Entries

2024-10-07
Petition DENIED.
2024-07-10
DISTRIBUTED for Conference of 9/30/2024.
2024-06-24
Brief of Luzerne County, David Parsnik and Robert Lawton in opposition submitted.
2024-06-24
Brief of respondents Luzerne County, David Parsnik and Robert Lawton in opposition filed.
2024-06-24
Brief of respondents Luzerne County, Pennsylvania, et al. in opposition filed.
2024-01-22

Attorneys

Donna Javitz
Donna Davis JavitzLaw Office of Donna Davis, Petitioner
Donna Davis JavitzLaw Office of Donna Davis, Petitioner
Luzerne County, David Parsnik and Robert Lawton
Mark William BufalinoLaw Office of Mark W. Bufalino, Respondent
Mark William BufalinoLaw Office of Mark W. Bufalino, Respondent